CARSON CITY -- The executive director of the Nevada State Board of Medical Examiners resigned Friday because "he realized he had caused us a lot of problems," the board president said Monday.
The president, Dr. Charles Held, called Executive Director Louis Ling's sudden resignation "mainly voluntary."
But he said board members were upset with Ling's decision earlier this year that a 1979 law prevented medical assistants from giving any shots. Medical assistants are employees who work under the supervision of doctors.
Ling did not return a call seeking comment Monday.
The opinion made by Ling, a lawyer, was controversial because it reversed a 2006 opinion by his predecessor, Tony Clark, that medical assistants were permitted under state law to give all types of shots. Clark also is a lawyer and the former adjutant general of the Nevada National Guard.
Doctors had relied on Clark's opinion when they allowed medical assistants to give injections, including shots of the cosmetic drug Botox.
Legislative leaders, Gov. Jim Gibbons, Held and Ling announced early last week that they were setting aside Ling's opinion and reverting to the practice as it had been under Clark's tenure.
That means medical assistants can give flu and other shots, including injecting patients with Botox and other substances.
Assembly Speaker Barbara Buckley, D-Las Vegas, said she "wasn't surprised" that Ling left the medical board.
"There has been so much concern about the direction of the board," she added.
Held said Chief Deputy Attorney General Christine Guerci-Nyhus also caused them "problems" by telling members during a Sept. 18 meeting that state law allowed them to adopt temporary regulations without first letting all members of the public testify on those regulations.
Because of her opinion, board members adopted a temporary regulation to let medical assistants give flu shots before hearing from three people who wanted to testify.
Based on Guerci-Nyhus' view, these three were given a chance to testify after the temporary regulation was adopted.
But Las Vegas lawyer Jacob Hafter, who represents cosmetic spas, maintained during the meeting that she was wrong and the three people should have been allowed to testify first.
Held was placed in an awkward situation. If the temporary regulation was to be adopted at the meeting, it had to be done quickly because two board members said they had to leave. Unless they could vote immediately, a quorum would not have been present.
In response to litigation filed by Hafter, District Judge Kathleen Delaney ruled Sept. 29 that the medical board violated the Open Meeting Law by not letting all audience members speak before adopting the temporary regulation.
A national search will be conducted to find a replacement for Ling. In the meantime, Doug Cooper, the board's chief investigator, will serve as interim executive director.
Held said all board members will "have to work a lot harder" now since he intends to go forward in developing a permanent regulation that defines the duties of medical assistants. They will be required to hold workshops and several public hearings before adopting the regulation.
"I was in the Navy," Held said. "I feel like I am the captain of the ship. We need to make this right."
Besides adopting a new regulation, the Board of Medical Examiners also is one member short.
Five-year member Jean Stoess of Reno quit last week at the request of Gibbons. She had violated a directive by Ling that all press inquiries should be made through him.
Stoess admitted she gave a reporter a confidential memo.
Daniel Burns, Gibbons' spokesman, said the governor wants to fill her position as soon as possible. He said the governor has nobody in mind at this point.
Review-Journal reporter Paul Harasim contributed to this report. Contact reporter Ed Vogel at evogel@reviewjournal.com or 775-687-3901.